Please also read our Privacy Policy here.
Use and Consent
Please read these Terms of Use carefully and in their entirety before purchasing and downloading a product or e-course from Scale Now Creative and scalenowcreative.com (hereinafter “we,” “our,” “us”).
You, as a visitor and/or user of our website, agree to these Terms of Use, and your access and/or use of our website, products, and/or e-courses or via materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.
This website and any products and/or e-courses offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.
Legal and Financial Disclaimer
You understand and agree that this website and our products and/or e-courses are intended to provide information and education. You agree that the information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular business and financial situation so that you can take the right steps for you and your business.
Earnings Disclaimer
You understand and agree that this website and our products and/or e-courses are intended to provide information and education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.
No Warranty or Liability
The information provided rothweindesign.com and its content, products and/or e-courses purchased therefrom is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or e-courses purchased therefrom or via materials requested through email.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU AGREE THAT SCALE NOW CREATIVE AND SCALENOWCREATIVE.COM ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR E-COURSES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
YOU AGREE THAT SCALE NOW CREATIVE AND SCALENOWCREATIVE.COM ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR E-COURSES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
SCALE NOW CREATIVE AND SCALENOWCREATIVE.COM’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $300.00 (USD).
We expressly exclude any liability to the fullest extent of the law.
By using our website and its content or purchasing a product and/or e-course from our website or requesting materials via email, you agree to this limitation of liability and release Scale Now Creative and scalenowcreative.com from any and all claims.
Indemnification
You agree at all times to defend, hold harmless, and indemnify Scale Now Creative and scalenowcreative.com, and any affiliates, agents, or other party associated with Scale Now Creative and scalenowcreative.com from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or e-courses purchased therefrom, or via materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
Intellectual Property Protection and Personal Use
The materials contained on our website, including, but not limited to, products, e-courses, videos, photos, graphics, designs, and other files, are the proprietary property of Scale Now Creative and are protected by United States intellectual property rights.
You may electronically copy and print portions of scalenowcreative.com solely for your personal, non-commercial use [with respect to your business].
Scale Now Creative grants you a single non-transferable license to download, view, copy, and/or print any products (website template code’s) and/or e-courses you purchase scalenowcreative.com or materials requested via email solely for your personal, non-commercial use [with respect to your business. You may not share the cost of any product or e-course or the product or e-course itself with any third party.
You may not share your login credentials for Scale Now Creative or Showit with any third party for any reason. You may not sell or transfer your access to scalenowcreative.com and or your Template Code or any of the content and/or materials contained therein to any third party.
Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from scalenowcreative.com obtained therefrom.
You agree that you will not use the contents of and materials in any products and/or e-courses you purchase from Scale Now Creative and scalenowcreative.com to create a competing product.
Any other use of the materials rothweindesign.com, any product or e-course you purchase, and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our website, products, e-courses, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
User Limitations
You agree to use our products and/or e-courses for lawful purposes only.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website or in our products, e-courses, or emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Affiliate Disclosure
We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
We may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Scale Now Creative and scalenowcreative.com. If you use those links, you leave our website.
You agree that Scale Now Creative and scalenowcreative.com are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Scale Now Creative and scalenowcreative.com are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from scalenowcreative.com’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
Payments
You have the right to pay for any Scale Now Creative and scalenowcreative.com product or service in full.
If you choose to pay using a payment plan provided by scalenowcreative.com using PayPal or another payment processor as a third-party payment option, you agree to pay each payment on time and in the full amount.
Payment Plans:
For a Website Template sold though scalenowcreative.com, we do not offer any payment plans or payment options other than payment in full.
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
All of the personal information that you provide as part of the purchase process for any product or e-course on our website may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.
Refunds
Due to the extensive time and effort that goes into our products and e-courses, there is no refund policy for any Scale Now Creative and scalenowcreative.com product or service provided by scalenowcreative.com or anyone on the Scale Now Creative Team.
We do not tolerate or accept any type of chargeback from your credit card company.
Termination
Scale Now Creative reserves the right to terminate your access at any time for any reason, including for your breach of these Terms of Use.
Upon the termination of your access, you shall delete and/or destroy all downloaded and/or printed copies of the materials scalenowcreative.com obtained therefrom.
Dispute Resolution and Jurisdiction
These Terms of Use shall be governed and construed according to the laws of the State of New York without regard to conflict of laws principles. The nearest state and federal court to Albany, New York shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or products and/or e-courses purchased therefrom, or via materials requested through email.
By using our website or its content, or products and/or e-course purchased therefrom, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non convenient.
In the event that Scale Now Creative must make a claim for any breach of these Terms of Use by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
Severability
If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT: JENNA@SCALENOWCREATIVE.COM
The Terms of Use with Disclosure are fully effective as of January 1st, 2023.
Jenna Rothwein
Scale Now Creative
Jenna Rothwein LLC